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Agenda 05/24/2016 Item #16A13 5/24/2016 16.A.13. EXECUTIVE SUMMARY Recommendation to approve an extension for completion of required subdivision improvements associated with Valencia Lakes—Phase 6-A(AR-5383) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code(LDC). OBJECTIVE: To approve an extension for the completion of subdivision improvements associated with the Valencia Lakes—Phase 6-A subdivision. CONSIDERATIONS: On September 13, 2005, the Board of County Commissioners (Board) approved the final plat of Valencia Lakes — Phase 6-A for recording. LDC Section 10.02.05 c.2 requires that upon approval of the plat by the Board, the associated required subdivision improvements must receive final acceptance within 36 months unless extended by the county manager or his designee, the Board, or general law. The plat has been recorded and the required subdivision improvements are substantially complete. On October 2, 2007, the Natural Resources and Engineering Division granted preliminary acceptance of the subdivision improvements. There is a Construction and Maintenance Agreement for Subdivision Improvements and a Performance Bond in place as a development guaranty, which will remain in place until final acceptance. The property owner has requested that the Board approve an extension of the plat improvements final acceptance deadline from January 16, 2016, to January 16, 2018. Therefore, the improvements must receive final acceptance prior to January 16, 2018, if the Board approves this extension. LDC Section 10.02.05 c.2.a allows for a maximum of two, 2-year extensions after the original 36 month period. Additionally, the developer took advantage of various Senate Bills and Executive Orders to gain additional extensions. As such, the required improvements final acceptance deadline expired on January 16, 2016. Since this proposed extension is beyond what is allowed by the LDC, approval by the Board is required. The property owner has paid all of the past fees which would have been paid for normal extensions. All fees associated with the original approval have been paid. FISCAL IMPACT: The County will realize revenues as follows: Fund: Growth Management Fund 131 Agency: County Manager Cost Center: 138327 -- Land Development Services Revenue generated by this project: Total: $150.00 Extension Fee GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a majority vote for Board approval. - SAS RECOMMENDATION: To approve an extension for completion of the required subdivision improvements associated with Valencia Lakes — Phase 6-A plat (AR-5383) until January 16, Packet Page -401- 5/24/2016 16.A.13. 2018, subject to the recommendations of the Executive Summary of September 13, 2005 for the original Board approval of the plat. Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division, Growth Management Department Attachments: 1) Location Map 2) Construction&Maintenance Agreement 3) Original Executive Summary from September 13, 2005 Packet Page -402- 5/24/2016 16.A.13. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.13. Item Summary: Recommendation to approve an extension for completion of required subdivision improvements associated with Valencia Lakes- Phase 6-A (AR-5383) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). Meeting Date: 5/24/2016 Prepared By Name: HouldsworthJohn Title: Site Plans Reviewer, Senior,Development Review 4/19/2016 9:44:55 AM Approved By Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 4/19/2016 3:21:30 PM Name: PuigJudy Title: Operations Analyst,Operations&Regulatory Management Date: 4/19/2016 3:22:22 PM Name: McLeanMatthew Title: Project Manager,Principal,Development Review Date: 4/19/2016 5:52:47 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Administration Date: 4/21/2016 1:46:29 PM Name: FrenchJames Title: Deputy Department Head-GMD, Growth Management Department Date: 4/24/2016 4:30:40 PM Name: FrenchJames Title: Deputy Department Head-GMD,Growth Management Department Date: 4/24/2016 4:46:48 PM Packet Page-403- 5/24/2016 16.A.13. Name: StoneScott Title: Assistant County Attorney, CAO Land Use/Transportation Date: 5/10/2016 10:52:19 AM Name: KlatzkowJeff Title: County Attorney, Date: 5/11/2016 1:25:26 PM Name: IsacksonMark Title:Division Director-Corp Fin&Mgmt Svc,Office of Management&Budget Date: 5/13/2016 9:14:25 AM Name: CasalanguidaNick Title: Deputy County Manager,County Managers Office Date: 5/15/2016 9:08:26 PM Packet Page -404- o • <, o vii rci 5/24/201616.A.13. opp"4::ratt 00��`0� 40�p4F ? I 004,.,i is., ���� '�� .�0 000 OOG�OD�OGoOpp,9- 1 f 0000�i���00000 ..- a Q44.. o Ti tve yIF 1 40elig INS Vittomb o a JO°moo �as� Et © ese �so*,e�� W -0 I00a v viiii : 1 Ere,* 0 w - o0 Des e o Dov©�+ �� El El Sed ©� � 'ro� �� ° fi. ' v Oahe oT oa�°oQOO©�`�a `opw o VA a 4e�� o 14 Whit �o 00£ -'I ii N (see aa) avow anv avurrsndvN 4I,O 1.r7Q o�" c.," °64:22y,--44,0 ooq - C 0147°.1.1.1.1. i sS . W 0 alm Y S Q J Q 0 2Z W J i 1 N ' Z 4 OZ O } l � \ as ez UU i, a- 1g w0 0 • a< ° DEQp Q �0 2 a-J QQ D V f roYN `� Z 0 • o I— t::,›° Q ,� a1 4� 0 iiss •a•0 1� O U 0U � \ \ �S6 .ass �illA' ,// d U SL-I Packet Page -405- 5/24/2016 16.A.13. CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this 13 day of r(( 2007,between Beazer Homes Corporation hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County,Florida, hereinafter referred to as the"Board". RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Valencia Lakes Phase 6-A B. Chapters 4 and 10 of the Collier County Land Development Code requires the Developer . to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: roadways & stormwater drainage within 12 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of$274,436.81 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County may call upon the subdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the County Manager or his designee for compliance with the Collier County Land Development Code. Page 1 of 3 Packet Page -406- 5/24/2016 16.A.13. 5. The County Manager or his designee shall, within sixty(60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the County Manager's approval of the improvements. However, in no event shall the County Manager or his designee refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the County Manager or his designee. After the one year maintenance period by the Developer has terminated, the Developer shall petition the County Manager or his designee to inspect the required improvements. The County Manager or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the County Manager or his designee to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the County Manager or his designee. The County Manager or his designee may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Manager or his designee may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision Page 2 of 3 Packet Page-407- ` 5/24/2016 16.A.13. performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this /3 ' day of I,?'/''1 2007. SIGNED IN THE PRESENCE OF: Beazer Homes Corporation - ‘' ''-`-- '(- By: / • Print Name: /4_,, -✓ 2,-,-,- -(-'' ( th')'t YIUJ PL 'yi /7u Keith Berg, Vice Presides of Land Print Name: 11'Tim/e pi iinak, ATTEST: 5 qo.h..'. • BOARD OF COUNTY COMMISSIONERS DWIGI- .:B1 1C Clerk OF COLLIER COUNTY, FLORIDA 4\T;j2. 1.- '''*', - i C.''QgLi k_ Jw. By: Al , IPAIIIIrlio...! Atteit'` ty Chairman �� �� tttp}� Clerk , Approy, as to form and legal sufficiency Jeff E.W/ig , Assistant County Attorney Approved Form—JAK—February 2006 Page 3 of 3 Packet Page -408- 5/24/2016 16.A.13. COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND 4 , c) tr QA- KNOW ALL PERSONS BY THESE PRESENTS: that BEAZER HOMES CORPORATION 13100 WESTLINKS TERRACE,UNIT 1 FT.MYERS,FL 33913 (hereinafter referred to as"Owner")and SAFECO INSURANCE COMPANY OF AMERICA 2800 W.HIGGINS ROAD—SUITE 1000 HOFI1VIAN ESTATES,IL 60196 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, (hereinafter referred to as "County") in the total aggregate sum of Two Hundred Seventy Four Thousand Four Hundred Thirty Six Dollars and Eighty One Cents ($274,436.81) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural,as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas,the Owner has submitted for approval by the Board a certain subdivision plat named VALENCIA LAKES PHASE 6-A and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of fmal acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations(hereinafter the"Guaranty Period") NOW, THEREFORE, if the Owner shall well,truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County,and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED,FURTHER,that the said Surety, for value received hereby,stipulates and agrees that no change,extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accordance with the Land Development Regulations. The term "Amendment,"wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. Packet Page-409- 5/24/2016 16.A.13. IN WITNESS WHEREOF,the parties hereto have caused this PERFORMANCE BOND to be executed this l l th day of January,2007. BEA ER OMES CORP. • - eith erg, ice President of Land I 41_4 i -ss 'rinIr_ ype47/��r� Witne Signatur ,6641 it . .• ess Print name or Type SAFECO INSURANCE COMPANY OF , f. Witness ignature Jo • I.M•ore,Attorney-In-Fact Peggy Faust F t cense: A183300 Witness Print nam of Type Witness Sh naturez Irene Dia Witness Print name or Type STATE OF ‘F---7L—C.)0—.t.1Z . COUNTY OF The foregoing instrument was acknowledged before me this 11 day of d J.SU t_.f , 2007,by Keith Burg, Vice President of Land,Beazer Homes Corporation,who is personally known to me or has produced as identification. GEORGE D.SEiFERTH (Signature-'ol`Notary 'ub "'y""'�o State of ) ; Notary Pubic-Stab of Florida 77.414 Wry Commission Expires Sep 28,2010 COMMini011 1 •„;,h Bonded By National Notary Assn. (Print,Type,or Stamp Commissioned Name of Notary Public) (SURETY'S NOTARY BLOCK) STATE OF Illinois COUNTY OF DuPage The foregoing instrument was acknowledged before me this of January , 2007,by James I. Moore , Attorn-y—in—Fact , wh_ o is personally known to me or has produced himself as identification. , --�j� "OFFICIAL SEAL" (Signature of ofary Public GFAUST State of Illinois ) L$ GY blic,State of Illinois sionExpires 11/29,'08 Peggy Faust (Print,Type,or Stamp Commissioned Name of Notary Public) Packet Page -410- 5/24/2016 16.A.13. POWER SAFECO INSURANCE COMPANY OF AMERICA SAFECO OF ATTORNEY HOME OFFICE SAFECO PLAZA SEATTLE,WASHINGTON 95185 No. 13137 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ,,,,,*STEPHEN T KAZMER;JAMES I.MOORE;CHRISTINE WOODS;RENE DIAZ;BONNIE KRUSE;DAWN L.MORGAN;PEGGY FAUST;KELLY A.JACOBS; ELAINE G.MARCUS;JENNIFER I.MCCOMB;MELISSA SCHMIJDT;MARY BETH PETERSON;HEATHER BECK;Countryside,Illinois"****""****'************ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 19th day of January , 2005 1(jtci c am, CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint inoividuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (Ili) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect, IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 12th day of January , 2007 Ct q �4,E GO10, (i' CORPORATE " SEAL gFaSEAL A a, !953 . isK Or uMs �OfWaS CHRISTINE MEAD,SECRETARY 5-0x74/SAEF 2/01 O A registered trademark of SAFECO Corporation 01/19/2005 PDF • Packet Page -411- • 5/24/2016 16.A.13. Safeco Insurance Company of America To be attached to and form a part of Bond No. 6442081 Effective: 1/11/07 Bond Amount: $274,436.81 Executed by: Beazer Homes Corp. 13100 Westlinks Terrace-Unit 1 Ft.Myers,FL 33913 as Principal and by: Safeco Insurance Company of America 2800 W.Higgins Road—Suite 1000 Hoffman Estates, IL 60169 as Surety in favor of: Collier County as Obligee In consideration of the mutual agreements herein contained,the Principal and the Surety hereby consent to: The Penal Sum of This Bond Shall be Reduced to: Sixty Nine Thousand Ninety Three and 97/100($69,093.97) Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective April 20,2010 Signed and Sealed April 29,2010 Principal: Beazer Homes Corp. By: Principal Surett\Safec• surance Company of America By: LO“_K... Peggy Faust Attorney-in-Fact Packet Page -412- 5/24/2016 16.A.13. pufr Safeco Insurance Company of America General Insurance Company of America Liberty POWER 1001 4th Avenue ► tMutual. OF ATTORNEY Suite 1700 Seattle,WA 98154 No. 13137 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint ********HEATHER A.BECK;PEGGY FAUST;KELLY A.JACOBS;STEPHEN T.KAZMER;BONNIE KRUSE; ELAINE G.MARCUS;JENNIFER J.MCCOMB;JAMES I.MOORE;DAWN L.MORGAN;MARY BETH PETERSON; TARIESE M.PISCIOTTO;MELISSA SCHMIDT;JOEL E.SPECKMAN;Westmont,Illinois***************************** its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21st March 2009 day of PlAT 1 Dexter R.Legg,Secretary Timothy A.Mikolajewski,Vice President CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." i,Dexter R.Legg ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 29th day of April , 2010 • SEALSEAL E PoOgr a„ 1953 1.0 Of MASH '9*(404• Dexter R.Legg,Secretary S-0974/DS 3/09 WEB PDF Packet Page -413- 5/24/2016 16.A.13. State of: ILLINOIS County of: DUPAGE On April 29, 2010, before me, Melissa Schmidt, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Peggy Faust, known to me to be Attorney-in- Fact for Safeco Insurance Company of America, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument on behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires: May 14, 2012. Melissa Schmidt, Notary Public OFFICIAL SEAL ' uo c s,r 3 Y CGS LINOtS `SS;a�� � r--S544/12C Packet Page -414- 5/24/2016 16.A.13. EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Valencia Lakes Phase 6-A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security OBJECTIVE: To approve for recording the final plat of "Valencia Lakes Phase 6-A", a subdivision of lands located in Section 22, Township 48 South, Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Lakes Phase 6-A". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Engineering Services Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code -- Section 10.02.04. Engineering Services Department recommends that the final plat of "Valencia Lakes Phase 6- A" be approved for recording. FISCAL IMPACT: The project cost is $413,961.33 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water& Sewer - $164,472.00 b) Drainage, Paving, Grading - $249,489.33 The Security amount, equal to 110% of the project cost, is $455,357.46 The County will realize revenues as follows: Fund: Community Development Fund 131 Agency: County Manager Cost Center: 138327 -- Engineering Project Review Revenue generated by this project: Total: $8,574.68 Packet Page-415- 5/24/2016 16.A.13. Fees are based on a construction estimate of$249,489.33 (does not include Orangetree Utilities) and were paid in February, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,090.00 b) Construction Drawing Review Fee Water& Sewer(.75% const. est.) - N/A c) Drainage, Paving, Grading (.75% const. est.) - $1,871.17 d) Construction Inspection Fee Water& Sewer(2.25% const. est.) - N/A e) Drainage, Paving, Grading(2.25%const.est.) - $5,613.51 GROWTH MANAGEMENT IMPACT: The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Valencia Lakes Phase 6- A" for recording with the following stipulations: 1. Approve the amount of $455,357.46 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. c. The required off site easements shall be recorded prior to plat recordation. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Packet Page -416-